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2005 Supreme(Ker) 569

RAJEEV GUPTA, K.S.RADHAKRISHNAN
The Chief Electoral Officer And Secretary to Government – Appellant
Versus
Sunny Joseph – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Whether an order issued by Delimitation Commissioner under sub-section (1) of Section 10 of the Delimitation Act and published in the Gazette under sub-section (2) is susceptible to challenge under Article 226 in view of the specific bar contained in Article 329 (a) of the Constitution of India, is the question that has come up for consideration in this case.

2. Petitioner, President of the District Congress Committee, Kannur, has moved this court under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 notification dated 31.05.2005 issued by the Delimitation Commission of India under the Delimitation Act and also for a declaration that the delimitation of constituencies in the State of Kerala in particular in the Kannur district is violative of Articles 14, 19 and 21 of the Constitution of India. Writ of mandamus was also sought for seeking a direction to the Delimitation Commission to consider the various objections raised by the petitioner and other people’s representative including its associate members and to delimit the constituencies accordingly.

3. The fourth respondent in the writ petition raised a prelimin




























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